anabella

Hi all,

My Colombian boyfriend has overstayed his J1 visa, which expired in July. I suppose that extending it now that it has already expired isn't an option at all. But would it be easy to get another one if he leaves through, say Mexico, so his exit isn't accounted for by the government, considering that this was his third visa of the same kind?

Also, I'm a permanent resident but I wasn't planning on applying for citizenship (though I could) because I dislike the tax obligation attached to it. Is it possible to marry and sponsor somebody on a permanent green card or is this something only citizens can do?

What's our best option?

Noorah101

What is the date on his I-94 (not the J-1 visa)?

You can marry with no problem, but if you're a US PR he will have a few years to wait until a visa number becomes available (which means he can't adjust status based on your marriage until then). In the meantime, he won't have a way of remaining in the USA legally while waiting.

If you become a USC, then he can file AOS and it will process right away (takes about 6 months for you to become a USC, then he files AOS, then it takes about 6 months for him to become a US PR).

If he's accruied more than 180 days of overstay, and he leaves the USA, he'll get an automatic 3-year ban from returning to the USA.

I do not know if he can get a new J-1 visa from Mexico. He should talk to the J-1 sponsor about that, I guess. Does he qualify to get another J-1?

Rene

DavidLemon

What is the difference between LPR and USC when it comes to tax obligations?

Bob

The buggering off out of the US bit I would guess.

Anyway, to the visa situation, count the days, but if it is the I-94 that is dated July rather than the actual J1, then he's probably best not to leave the US and also worth speaking to a immigration lawyer about options.

F1toOPTtoH1BHopefully

Yep. If you are a well off US citizen and thus are taxed worldwide (except under limited circumstances) you can't expatriate without triggering an exit tax. Generally, residents can just leave.

ian-mstm

All US citizens are taxed worldwide... well off or not.

Ian

Michael

I think you have that a little backwards. US citizens aren't subject to an exit tax unless they abandon their citizenship but the exit tax can apply to green card holders who expatriate with a large net worth.

http://connect.wolfsdorf.com/?p=894

F1toOPTtoH1BHopefully

That's right. Sorry. It was multiple sentences but there were lots of caveats which I deleted. For e.g. tax treaties/tax credits mean little double taxation unless income/wealth hit a certain amount.

F1toOPTtoH1BHopefully

No. sorry for being unclear but the question was how does the situation differ between LPR and citizens. The answer is about what happens when you try to leave US tax jurisdiction. US citizens generally have a harder time leaving US tax jurisdiction.

1. All US citizens are subject to tax worldwide
2. Well off US citizens are subject to an expatriation tax if they try to give up US citizenship in order to avoid this tax.
3. Well off LPR are subject to an expatriation tax only if a no of conditions are met in which they are treated like US citizens. Main one is time spent in US.

scrubbedexpat099

Even then, overstays are usually 'forgiven' on marriage to USC's not LPR's.

ian-mstm

I know that forgiveness is usually forthcoming for unauthorized work when married to a USC, but an overstay? I'm not so sure... although it's certainly not beyond the realm of possibility.

Ian

Noorah101

Yes, overstays are usually forgiven when an AOS filed after marriage to a USC.

I'm not sure how it would affect things when the marriage is to an LPR, though.

Rene

ian-mstm

Ah... well then, excellent!


Yup... could be tricky!

Ian

Noorah101

There's no basis for AOS via marriage to an LPR. The overstayer would have to remain out of status until the LPR becomes a USC, and then an AOS can be done.

How's that for acronym usage? LOL

Rene

ian-mstm

OMG! LOL! TANSTAAFL.

Ian